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Tuesday, February 9th, 2010

Should 14-Year-Olds Be Allowed to Have Sex Legally?

July 11, 2007 by Kristen King  
Filed under Women's Health

Should Teens Be Allowed to Have Sex?According to a recent Fox News report, a new law in Indiana makes it legal for teenagers to have sex so long as they’re no more than 4 years apart in age.

Public Law 216 creates a legal defense, nicknamed the “Romeo and Juliet defense,” against charges of sexual misconduct with a minor. The law went into effect July 1.

“The change in the law decriminalizes consensual sex among teenagers in a dating relationship if they are within four years age difference,” said Larry Landis, executive director of the Indiana Public Defender Council.

The Indiana Prosecuting Attorneys Council supported and helped write the new defense. Executive Director Stephen J. Johnson said the change doesn’t lower the age of consent.

It modifies a 1994 law that made sexual misconduct with a minor a separate offense from child molesting as a way of dealing with teenage sexuality, Johnson said.

When I was looking for background on this topic, I found a 2003 report of a mom in Oak Creek, Wisconsin, who walked in on her 14-year-old daughter naked in her bed with a 14-year-old boyfriend and called the police. The kids were both charged.

…prosecutors say children have no right to have sex.

“Sex between kids is not legal,” said Assistant District Attorney Lori Kornblum, who is prosecuting the case.

According to the law, “Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 is guilty of a Class C felony.” There is no mention of consent.

Now, I had no idea that teen sex could be illegal, but it sounds like it has been or may be depending on where you live. So what do you think? Should it be illegal, or should kids be able to get it on at any age? And does this have any bearing on the brouhaha surrounding mandatory HPV vaccination for school-age girls?

Contents © Copyright 2007 Kristen King

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Comments

117 Responses to “Should 14-Year-Olds Be Allowed to Have Sex Legally?”
  1. =] says:

    To answer your question, no i think the government can get involved if it is a safety issue but when we decide to have sex is not un-safe. The government should educate us on safe sex and what to do if we are in an uncomfortable situation, how to deal with sexual pressure but not putting limits on rights we should have seeing as it is OUR virginity not theirs.

  2. =] says:

    Keith bourbon:

    umm you said your 16?
    and your calling 14 year olds,like myself, little kids?

    last time i checked we are all still children so if you could not label me as a kid or other people my age as that because some of us are mature and it is offensive to me called a ‘kid’ when i am physically and mentally above “kids”, and by kids i mean like grade school children.

    Thank you.
    - =]

  3. Adele says:

    our “elders” were probably more mature about sex because they didn’t know a lot, how do you know they were mature and not just hesitant? And even though you hear about teens having sex just for the heck of it, maybe it’s because compared to our elders, we know more about what to do, protection, disease, etc. I’m not saying every 14 year old having sex is informed, but maybe a little bit more than however many years ago, think about it, scientists inform us about new stuff every year, so next year’s 14 year olds will be more informed earlier than let’s say our 30 or 20 year olds when they were 14

  4. ksematt says:

    The way I see it, I think we should be in charge of our virginity and our sexual rights. nobody can control how we think or how we feel. Nor how we mature. Nobody can really tell how mature a person is just by their age. That’s just stereotyping. And all the adults and parents tell kids not to stereotype and not to judge. Just because somebody is fourteen doesn’t mean they don’t act and think and respond like a sixteen or seventeen year old. Everybody matures and thinks differently. Adults look down on us teenagers as if we’re children. We’re exposed to the world more vivdly than our parents and government were. Things go by us teens faster and we understand more because of our elders. We hear adults all the time in real life saying how great sex is, and then they turn around and tell us sex is bad and to stay away from it. Isn’t that hypocricy?

  5. girlll says:

    Admin note: Edited to remove profanities. -kk

    [Expletive deleted] what all of you “older” people, who think TEENAGERS (not kids) having sex is wrong. Its not. Its a way of life, how do you think you were made? Age is just a number. Maturity on the other hand is different. I think if you are 13, 14 and you have the maturity level of 18, 19, sex is okay. If you’re immature, and don’t know much about what you’re doing, don’t do it. You need to be with the right person as well, I was 13, and I had been with my boyfriend for 5 months, he was 15 at the time. I’m 14 now and he is 16, i am still with him. We have been dating for a year, but have known each other longer. We plan on getting married one day, and having our own family. But the family part, wont come into play until we are married, and stable enough to afford the living costs of a child. I still want to live my life, before settling down and having kids, but i’m going to live it with him. I am so against people who believe that teenagers can’t actually really love someone, or really live up to what they say about marrying them and what not. Its happened to MANY people. You know when you love someone, its a feeling you can’t even describe, and if you really love them, fate will take your relationship into its own hands. You tend to get closer and closer as time goes by, and you go through a lot together. Like i said, age is just a number. Maturity is the major role in being sexually active, age is irelivent. Well, in some situations it isn’t, I don’t think a 9 or 10 year old should be having sex, or any age younger than that. They might be mature, but their body is still yet to develop all the way. Anyways, to be sexually active, you need to be responsible, take care of yourself, and think of your partner. Use a condom, you don’t want unwanted pregnancy. I know several people who are teens and have had unwanted pregnancy, and are now stuck with dealing with a child. They are now responsible for another life. Its hard, and its nothing most people want until they are out of their parents house, and living with a husband/wife, and can afford the life of another. So use protection, be safe. Make sure you know your partner well enough before you have any sexual contact with them. You don’t want to end up having an STD. So to all those “older” people who deny the fact of teenagers having sex, you can just go suck it. There are many teenagers, who probably act a lot older than you, and are at a higher maturity level. Think about it. K, byyyye.

  6. Kristen King says:

    Admin note: I tried to approve the following comment and it disappeared, so here it is verbatim. Sorry, Oz! -kk

    Author: OZ
    Comment: Hello im 14 and i think that if you are mature enough and that both active partners give consent that you should be able to have sex. As for the Law I think that you should do a email petition against the law. To Kristen King you are obviosly a wise person but i do not think it is appriote to look at others peoples IP adresses and if you get my IP adress you will get the one from the hotel i stay at. Also many people get hurt from people abusing there rights with knowledge. And it would be appropriate if you were trying totrack down a theif but to see if a child is using an alias that is just a little bit creepy so dont abuse your powers.

  7. Kristen King says:

    Oz, FYI, every time you do anything on a website, your IP address is recorded in some way, shape, or form. It’s how websites can identify where their traffic is coming from, whether people are repeat visitors, and how they travel through the site. And every time you leave a comment on a blog, the person in charge of approving comments can see your IP address. It’s not like we’re stalking you. It’s right there. Name. IP address. E-mail. URL. Etc. If you don’t want people to see your IP address, don’t use the internet. The reason I *point out* that I can see IP addresses is that people will leave a ton of comments under different names acting like they’re different people, and that’s deceptive. I don’t allow people to lie like that on my blog. You can run yours however you like.

    Thank you for commenting.

  8. Mystery says:

    Most humans become mature at the age of 13. When they do they should have the right to have sexual interactions between themselves if they both agree and if a condom is used. Otherwise it should be counted as illegal.

  9. korbycat says:

    I was 13 when I lost my virginity with a 14 year old boy, it wasn’t much to write home about but boys that age didn’t know much about pleasing a girl back then – I’m 45 now! I don’t regret having sex at a young age and I continued to do so, moving onto older men by the time I was 14, I don’t see any problem with it at all as long as both parties are concenting and have the maturity to know what they are doing – and WEAR A CONDOM!

  10. derek says:

    Okay, I’m not very clear on the laws. Can a 14 year old have sex with a 17 year old in 2008? in indiana?

  11. Kristen King says:

    Derek, you need to talk to a lawyer or law enforcement official in the State of Indiana. But just keep in mind that if you have to wonder if something is legal, you probably shouldn’t be doing it in the first place. ;)

    Kristen

  12. Michelle says:

    It scares me to think people at so young of an age are starting to have sex. These 14-year-olds are taking things too seriously for where they are in life. Instead of thinking about sex, why not focus on something more important in life such as a career?

    Also, think about the people who have to wait until they can legally drive with a license, smoke cigarettes, and drink alcohol. Many things in life require a certain age, so be patient. Wouldn’t you say lack of self-control is a sign of immaturity?

    I know there are some of you out there that think you are mature compared to your age group and maybe you are, but there are more immature teens out there that do things without thinking it through and asking for advice. Therefore, to prevent disease and other problems associated with minors having sex, the law must restrict ALL within that range.

    I am doing criminal justice/criminology studies so I research these kinds of topics quite frequently.
    I know many of you are going to be against this, but my theory is to push the legal age of sexual intercourse to 18 years of age because minors aren’t fully responsible for their actions. When they ARE fully responsible, they can do whatever they please. I don’t want to see parents paying for what their child did behind their backs.

  13. dark says:

    Wow this has to b the most desciptive discution on minors and sex i have ever read about. I have a quick little story to tell about a friend of mine, then ill answer the question the topic states. My buddy (his name will be bob for confidentuality purpose) Bob is 19 he has never done anything wrong by the law (that i know of) and he is a good person. Well bob went with a friend of his to go meet some girls just to hang out becuase his friend wanted him to go with him. So bob agreed and they went. Now when bob and his friend (he will be john) john went to go meet these girls. Now one of these girls was 18 and the other 14. When bob and john went to meet them they told lied to them about the 14 year old girl and she said she was 17. So bob and john think they are talking to a 17 and 18 year old, so everything is “legal” in this situation. After that meeting bob and the 14 year old start to date and they both engaged in sexual intercorse. After about a month and a half later bob found out the girl he was with…

  14. dark says:

    Actually 14 years old. After he found out bob tried to break all comtact with her, but she kept pressuring him to stay with her, but never said anything about going to the police because she loves him. So for to months they kept dating, sex and all. Then after the two months went by her older sister told someone about bobs relationship with her 14 year old sister and now bob is under investigation. He is not arrested but is still waiting for the investigaters to question him again. Bob said he admited to everything that they asked him. Bob is a really good friend of mine and i know he would never intentionaly go and do something like this because he is a good person and not once has he ever did anything illegal! Please write your opinions. And if someone can tell me how severe the courts would take against him.

    as for 14 year olds being able to have sex i would have to say that a 14 year old has an understanding about sex and now a days knows SOMETHING about sex. As to make it legal i cant really say….

  15. MikCtr says:

    BRAVO, Michelle. It IS immaturity and absolute irresponsibility when ANYONE, young, middle-aged, or old intentionally does something that they are not ready, willing and ABLE to deal with the consequenses. Is it any wonder the Government (an institution to “govern”) sets limits when it (the government, aka, people “responsible” positions) end up footing the enormous bills created by such immature, unthinking, and selfish actions?

    A five-year-old has good eyesight, hearing, reflexes and ability to distinguish right from wrong. Should they have driver’s licenses? With some of the ‘logic’ being used here, it would seem so…. Just because you HAVE the ability, does not make you mature enough, or obviously smart enough… to use it RESPONSIBLY – as has been quite apparent from this blogg….. But then, people will continue to do what they choose to do. There is nothing anyone can do to stop it, or the consequences of their actions but ourselves. Too bad one has to be mature to understand THAT concept….

  16. Adele says:

    michelle,
    i completely understand what you are saying and where you’re coming from, and i think it’s cool you’re studying criminal justice/criminology! But don’t you think if all the states pushed their laws to the age of 18, that teens would sneak around their parents back even more? then parents would end up paying even more

  17. MikCtr says:

    Dark, I understand your fear and frustration for your friend. In this world, however, there’s a ‘bottom line’ – right or wrong, it’s there. Your friend, although originally lied to, broke some very seriously prosecuted laws and is probably in some reeeeeely deep dookie. His being totally open and honest about the situation should go well with him, BUT it doesn’t change the fact that HE made the choice to sleep with a 14 year old. Ok, she lied…. That doesn’t change the ‘bottom line’. It is HIS responsibility to know who he’s sleeping with. Hey… if she SAYS she’s 17, show ID…!! (I know… kind of takes all the “romance” out of the moment, huh….? But, depending on the state, not worth your LIFE in prison.)

    People who are determined to do what they want to do regardless of what the laws state are considered ‘dangerous’ to society. It’s the ‘bottom line’… The sooner people understand that, the better their lives would be. At 14, a ‘rebelious age’, it does not show maturity, self-control, integrity, or any other admirable human quality to lie to someone and put their life and future at risk. At 17, he’s closer, but obviously still has a lot to learn…. Lessons can be learned from paper and applied, or they can be experienced. This is one of those that SHOULD be learned on paper….

    I wish your friend the best. He potentially has a really tough road ahead of him. If he is the good person you say he is, he’ll learn and move on. Good people do some really bad and stupid things…. We all have…. the only thing we can do is share them and what we’ve learned from them – and hope that someone will listen and save themselves the pain we’ve been through.


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